Disciplinary procedure

All employers expect satisfactory standards of behaviour and conduct from their employees, disciplinary procedure is used to explain something is wrong and what improvement is needed.

You must put your disciplinary procedure in writing, and make it available to all your staff (e.g. in a staff handbook). Disciplinary procedure should include what behaviour and conduct might lead to disciplinary action, and what action might be taken.

There are certain minimum steps that you must include in a disciplinary procedure. If you dismiss an employee without following this process, you may face an unfair dismissal claim.

When investigating a disciplinary issue you must always do so in a fair, reasonable and unbiased way.

Disciplinary meetings

When you give your employee a warning you must invite them to a disciplinary meeting (also known as a disciplinary hearing) to discuss the issue this must happen before you take disciplinary action.

At the meeting, you must explain the complaint and go through the evidence so the employee can put their side of the story. Employees usually have a legal right to be accompanied at a meeting by a colleague.

Employee suspension

You can suspend an employee while an issue is investigated however, you must always tell the employee why you have suspended them. Suspending an employee this not a punishment and must be on full pay.

Disciplinary decision

Either at the disciplinary meeting or shortly after, you should tell your employee of your decision this should always be confirmed writing.

Disciplinary action can include:

Taking no action

Verbal warning

Written warning

Dismissal

Disciplinary warnings

Employers are allowed to give any type of warning they think is appropriate including a final warning - or dismissal.

Disciplinary procedure should include the number of warnings (verbal or written) needed before a final warning or dismissal. Warnings must confirm what they are for and how long it will remain on record.

Disciplinary appeals

All employees should be given the right to appeal disciplinary decisions your procedure should include the right to appeal.

Employees can appeal where new evidence has come to light or if they think the: